John Stewart v. Novartis Pharmaceuticals Corporation

Filing 47

ORDER regarding the joint scheduling report regarding discovery meet and confer; order signed by Magistrate Judge Dennis L. Beck on 10/9/2012. (Rooney, M)

4

GIRARDI  KEESE
John A. Girardi (SBN 54917)
[e-mail]
1126 Wilshire Boulevard
Los Angeles, California 90017
Tel: [phone]
Fax: [phone]

5

Counsel for Plaintiff JOHN STEWART

1
2
3

6
7
8
9

Rebecca A. Womeldorf (admitted pro hac vice)
([e-mail])
HOLLINGSWORTH LLP
1350 I Street, NW
Washington, D.C. 20005
Telephone: [phone]
Facsimile: [phone]

10
11
12
13
14

James A. Bruen (State Bar No. 43880)
([e-mail])
Sandra A. Edwards (State Bar No. 154578)
([e-mail])
FARELLA BRAUN & MARTEL LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

15
16

Attorneys for Defendant
NOVARTIS PHARMACEUTICALS CORPORATION

17
UNITED STATES DISTRICT COURT
18
EASTERN DISTRICT OF CALIFORNIA
19
20
JOHN STEWART,

CASE NO: 1:12-cv-00221-AWI-DLB

21
Plaintiff,
22
vs.
23
24
25

NOVARTIS PHARMACEUTICALS
CORPORATION,
Defendant.

ORDER REGARDING JOINT
SCHEDULING REPORT REGARDING
DISCOVERY MEET
AND CONFER
Date:
Time:
Courtroom:
Judge:

August 22, 2012
9:30 a.m.
9
The Hon. Dennis L. Beck

26
Complaint filed: April 13, 2011
27
28
[ PROPOSED] ORDER RE JOINT SCHEDULING
REPORT RE DISCOVERY
CASE NO: 1:12-cv-00221-AWI-DLB
27042\3250070.1

1

Following the Joint Discovery Conference between plaintiff John Stewart (“plaintiff”) and

2

defendant Novartis Pharmaceuticals Corporation (“NPC”) on August 22, 2012, before this Court,

3

it is HEREBY ORDERED:

4

DISCOVERY PLAN:

5

To the extent the parties’ prior agreements regarding discovery are memorialized in the

6

Joint Scheduling Report [Docket No. 36] and/or the Joint Discovery Report [Docket 43], and/or

7

to the extent certain discovery issues were the subject of this Court’s prior Scheduling Order

8

[Docket 39], this Order does not alter those agreements or that Order.

9

A.

Initial Disclosures

10

If a responding party fails to timely serve a fact sheet, or serves a fact sheet that is timely

11

but not complete in all material aspects, this Court declines NPC’s request that the issuing party

12

be allowed to seek an Order to Show Cause within fifteen days after service of a deficiency letter.

13

Instead, the Court will permit the issuing party to file the appropriate discovery motion regarding

14

any outstanding deficiencies.

15

B.

Subjects on Which Discovery May Be Needed

16

Discovery will be bifurcated between liability and damages, so that if there are witnesses

17

who are anticipated to testify solely on damages related issues, those depositions will proceed

18

after dispositive motions have been heard and ruled upon.

19

C.

20

To the extent plaintiff wishes to propound written discovery upon NPC, the parties shall

21

first meet and confer. If following that meet-and-confer the parties cannot reach an agreement,

22

the parties may involve the Court. The Court further orders that each party is limited to

23

conducting ten (10) non-party depositions. If a party believes that further depositions are needed,

24

the parties shall meet and confer. If following that meet-and-confer the parties are unable to

25

reach an agreement, the parties may involve the Court.

26
27
28

Changes to Limitations on Discovery

1.

Ex Parte Contacts

The Court declines plaintiff’s request to enter an order barring NPC from having ex parte
contacts with treating physicians or health care providers. The Court suggests that to the extent
-1-

[PROPOSED] ORDER RE JOINT SCHEDULING
REPORT RE DISCOVERY
CASE NO: 1:12-cv-00221-AWI-DLB
27042\3250070.1

1

NPC believes substantive contact with treating physicians or health care providers are necessary,

2

that such contacts occur with both parties’ participation.

3
4
5

IT IS SO ORDERED.
Dated:

/s/ Dennis

October 9, 2012

L. Beck

UNITED STATES MAGISTRATE JUDGE

6

DEAC_Signature-END:

7

3b142a

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-

JOINT SCHEDULING REPORT RE DISCOVERY
CASE NO: 1:12-cv-00221-AWI-DLB
27042\3250070.1